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Sexual Stereotyping Discrimination

Jackson Lewis P.C.

“Final” Section 1557 Nondiscrimination Regulations – Round 3: Impact on Employer Health Plans

Jackson Lewis P.C. on

Section 1557 is the non-discrimination provision of the Affordable Care Act (ACA). Section 1557, which has been in effect since 2010, is intended to prevent discrimination in certain health programs or activities that...more

Foley & Lardner LLP

College Coach Alleges Gender Stereotyping in Discrimination Claim

Foley & Lardner LLP on

A female gymnastics coach at Towson University in Maryland has filed a lawsuit claiming that the University fired her because of her gender, while she was pregnant and after she complained about being treated differently than...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - July, 2018 #2

See Ya Later, Persuader. It took more than eight years, but the U.S. Department of Labor’s (DOL) persuader rule has finally been rescinded. Proposed just one day prior to the National Labor Relations Board’s (NLRB) 2011...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges...more

Fisher Phillips

Re-Evaluating the Weight of the “Subtle” Discriminatory Remarks: One Pennsylvania Federal Court Discusses "Subtle” Sex...

Fisher Phillips on

Although sex discrimination claims are often met with explanations that the alleged offender didn’t realize what they said or did was offensive, or that the recipient misinterpreted the words or actions of the alleged...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri Court Tackles Sex Stereotyping, Highlights Sexual Orientation and Gender Identity Issues

While nearly half of all states expressly prohibit discrimination based on sexual orientation and/or gender identity, Missouri is not one of those states. However, the Missouri Court of Appeals recently issued a decision in...more

Dickinson Wright

HHS’S New Anti-Discrimination Regulation Proposal Explained – Part 2

Dickinson Wright on

This is the second part in a two-part series about the HHS’s proposed anti-discrimination regulations - Gender Identity. Another area addressed in the regulations is “gender identity,” which refers to an...more

Parker Poe Adams & Bernstein LLP

Tenth Circuit Says Female Employee Who "Butted Heads" With Management Was Fired Based on Gender Stereotype

Title VII prohibits a number of different forms of sex discrimination in employment. Gender stereotyping claims have been a growing source of litigation, where plaintiffs allege that they were disciplined or terminated due to...more

U.S. Equal Employment Opportunity Commission...

New EEOC Report Examines Obstacles Facing Women in Federal Workplace

Six Impediments, Underlying Issues, Recommendations Identified by Work Group - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today issued a comprehensive report addressing major obstacles...more

Baker Donelson

Not Manly Enough? Fifth Circuit Recognizes Title VII Same-Sex, Gender-Stereotyping Discrimination

Baker Donelson on

The Fifth Circuit recently became one of a growing number of courts to recognize same-sex, gender-stereotyping as a form of discrimination prohibited by Title VII. In September, the Court handed down its much-anticipated...more

Hinshaw & Culbertson LLP

“Locker Room” Talk In All-Male Workplace Sexual Harassment, Fifth Circuit Rules

Hinshaw & Culbertson LLP on

In this space, we have reported recently on the series of rebuffs that the EEOC has received from various courts in recent months. But in EEOC v. Boh Brothers Construction Company, the Fifth Circuit Court of Appeals handed...more

Baker Donelson

Fifth Circuit Hands Win to EEOC in Same-Sex Harassment

Baker Donelson on

The EEOC won a significant victory on September 30, 2013, as the United States Court of Appeals for the Fifth Circuit, sitting en banc, reinstated a jury verdict finding that the defendant, Boh Brothers Construction...more

Jackson Walker

"Boys will be Boys" A Risky Employment Policy

Jackson Walker on

In a 10-6 decision following en banc review, the United States Court of Appeals for the Fifth Circuit recently decided, in Equal Employment Opportunity Commission v. Boh Brothers Construction Co. L.L.C., that an iron worker...more

Baker Donelson

Legal to Fire Female Employee for Being Irresistible?

Baker Donelson on

The Iowa Supreme Court has recently withdrawn its December 21, 2012 opinion in the sex discrimination suit, Nelson v. Knight, and has declared that it will review the case....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Gender Stereotyping Based on a Person’s Non-Conforming Behavior Violates Title VII

As the U.S. Supreme Court has recognized, Title VII of the Civil Rights Act of 1964 is intended to “strike at the entire spectrum of disparate treatment of men and women resulting from sex stereotyping.” Recently, a federal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Appeals Court Resists Categorizing “Sexual Stereotyping” Claim As Violation Of Title VII

Under Title VII, an unlawful employment practice is established when an employee demonstrates that gender is a motivating factor for an adverse employment action. Under that analysis, a number of federal appellate courts...more

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